Help: Claim Form Issued by Gladstones for Euro Parking Services Ltd

Coupon-mad

You are best starting your own thread (because each case differs, in things like dates & location or contravention). Maybe include a link to this one in your first post to show the similarities and to make it easy for you to find this one as you come back at each stage.

pogofish

0121sk wrote: »

Hi there I'm currently being claimed against by Gladstone and euro parking services for a fine I got in my ex gfs apartment block car park. I initially appealed stating that I was at my gfs and that I was willing to pay a reduced fee but did not recieve a response apart from the auto reply email. Then I ailed them again after about 2 weeks asking what's happening and got no response again. The next letter cam from Gladstone and I ignored it then the next letter was from the courts. I defending the claim stating that I tried to contact euro parking services to settle the matter but they did not reply. After reading up more on the issue I know now that I shouldn't have done or said alot of the things I did and now I'm at the stage where I have recieved notice of proposed allocation to small claims track. I did try to contact Gladstones via email twice to negotiate but got no reply and then I phoned them to say I'd be willing to pay the initial amount including early settlement discount on a without prejudice basis to end the matter but they wanted something like £200 and wouldn't budge even when I told them I tried to appeal but got no response so I should be entitled to the initial amount. I am willing to negotiate but they've stated they don't want mediation on their form so was just wondering what I could do now and if I could file additional defence or would I have to wait for court date to explain in more detail and show emails etc.

Sorry for thread jacking but I thought me an op are both at same stage so might be useful for both of us so we know what to expect especially as claimants are same companies.

Recieved ticket: 09.03.15 contacted via appeals procedure same day.
Recieved letter 04.06.15 re unpaid fine. Emailed same day stating didn't recieve reply to appeal.
Jan 2016 court letters came

Thanks in advance for any advice

Please don't hijack someone else's thread!

Start your own in this forum or get a board guide to move your other thread in Motoring into this Forum, then you will get plenty of help.

mark_powers

Hi again

Been a bit quiet on this as of late as I was recently diagnosed with cancer and consequently had other things on my mind. Anyhow, things have progressed and I am going to Court next Wednesday (24th).

I've submitted my evidence pack and witness statement and Gladstones have already informed me that they won't be attending.

Any last minute advice would be most welcome. Cheers.

beamerguy

mark_powers wrote: »

Hi again

Been a bit quiet on this as of late as I was recently diagnosed with cancer and consequently had other things on my mind. Anyhow, things have progressed and I am going to Court next Wednesday (24th).

I've submitted my evidence pack and witness statement and Gladstones have already informed me that they won't be attending.

Any last minute advice would be most welcome. Cheers.

Be very careful, Gladstones amongst many other companies say this in the hope you will not attend either. If they do then attend they will win by default as you were not present.
Go to the court and if they do not attend, you will win by default and you can ask the court for reasonable costs.
If they do attend, you can bring this to the attention of the court that Gladstones lied to you in an attempt to get a default against you

mark_powers

Well I won but only by the skin of my teeth.

It looks like Gladstones have a way to completely nullify the POFA 2012 defence.

I was relying on POFA in that;

1. No ticket was issued at the time of "parking" and the NTK arrived two months later rather than within the 14 days specified in POFA.
2. POFA says that a ticket can only be issued to a stationary vehicle. The photos they provided showed that my vehicle was not stationary but was in the process of driving off.

My defence included, for good measure, rebuttals to Beavis, stuff about unfair contracts, the signage in place etc etc as detailed elsewhere on these forums.

But my main points were the first two. I never told the claimant who was driving (me) and I appeared in Court as the Keeper.

Unfortunately the Judge simply warned me about committing perjury, put me on oath and asked if I was the driver. When I answered in the affirmative he immediately said that any reference to the POFA was meaningless. It then simply became a case of breach of contract on my behalf because he rejected my rebuttal to Beavis, he said the signs were clear and Euro Car Parks had a right to issue tickets and bring the case on behalf of the landowner etc etc

I was all set to lose when the judge luckily noticed that Euro had not answered my first correspondence with them, my initial appeal. This put THEM in breach of contract and so I ended up winning on a point I had not picked up on.

The Judge said that was the ONLY reason and if it wasn't for that he would have awarded the case to Euro Car Parks.

So beware, if you are the driver but are hoping that by not admitting to it you can claim no keeper liability under the POFA 2012, then it won't work.

Umkomaas

The Parking Prankster will be interested in this. Contact him via his website:

http://www.parking-prankster.com/contact-me.html

Well done on your win. I've read previously that there is a way of not answering 'were you the driver question', but can't recall the detail.

It's not often the Judge asks such a question (of the cases I've read), but by not answering (even legitimately) you risked the possibility of really peeing him off.

Anyway a 'skin of the teeth' win is still a win, and a loss for the PPC!

System

Judge was ?